PTI, MQM petitions: SC reserves judgment on Sindh LG law

(Karachi) The Supreme Court (SC) reserved judgment on petitions filed by Muttahida Qaumi Movement (MQM-P) and Pakistan Tehreek-e-Insaf (PTI) against the Sindh Local Government Act (SLGA), media reported on Monday.

The case was taken up by three-member special bench, headed by Chief Justice of Pakistan (CJP) Justice Gulzar Ahmed.

The SC bench stated that the court had ruled that the implementation of Article 140-A is necessary and must be implemented through legislation across all provinces.

During arguments, Attorney General Khalid Javed said. “Several problems could be resolved with an empowered local government.”

“I have appeared before the court on the court’s notice and not as a lawyer of any party,” the AG said. “I think the court should itself hear this matter. The court could issue instructions to provincial governments,” Khalid Javed argued.

“The issue of local councils powers is serious in Sindh. Usually such matters left to the provincial legislature to decide upon but in Sindh the matter could not be left to the provincial assembly to take decision,” federal lawyer said.

“I don’t suggest abrogation of any law, the court should declare that the majority party would not take back the local councils’ powers. The court can rule that the consensus of 25 percent urban representation is essential in such legislation,” the Attorney General argued.

MQM's counsel, Salahuddin Ahmed, told the court that Karachi's building control, water supply, local transport and solid waste, among other local bodies, are under the control of the Sindh government, adding that the local government has the sole responsibility for the maintenance of parks and libraries.

The counsel further stated that civic amenities, including parks and playgrounds, fall under the responsibility of the Karachi Metropolitan Corporation. "However, KMC does not have authority over the whole of Karachi."

"I have seen the mayor of Karachi inaugurating public transport many times. However, buses disappear from the roads a day after the inauguration," the chief justice added. The top court decided that it will provide local bodies with guidelines.

The court directed the parties should submit written statements within a week.

The petition filed by PTI contended that the SLGA 2013 does not take into account the Article 140-A as well as Articles 3, 4, 9, 14, 16, 17, 19, 19A and 25 of the Constitution.